Bill 81 Will Set Up Charter Challenges
>From Agrinewsinteractive (http://www.agrinewsinteractive.com) ...
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BILL 81 WILL SET UP CHARTER CHALLENGES
Ottawa lawyer sees too much power for enforcement officers
EMBRUN - At least one section of the Nutrient Management Act and its regulations now being refined by the provincial government will 'undoubtedly be challenged as a violation of the Charter of Rights and Freedoms'.
That's the professional opinion of an Ottawa lawyer with extensive experience in agricultural issues who reviewed the legislation and passed on his impressions to about 60 farmers gathered in Embrun Aug. 27.
A partner with Nelligan O'Brien Payne, lawyer Ron Caza was referring to the enforcement section of the new act which gives 'too much power' to the team of provincial officers which will be policing compliance with the law and its regulations expected to be finalized by next March.
Caza called it the most 'worrisome' part of the act, adding it creates a 'certain vulnerability' for Ontario's farming community.
'They'll have a lot of power... more than police officers in some situations,' Caza told his disgruntled listeners, explaining that without a warrant or any kind of a court order, the enforcement team will be able to enter and inspect any land or premises, including vehicles.
In addition, nutrient management officers can use reasonable force, can dispose of items seized and can call in reinforcements in the form of police departments.
'That's huge, huge power,' Caza repeated, adding the officers - expected to be employed by MOE - won't have to give a valid reason for suspecting wrong doing under the act before conducting a search.
Arranged after the lawyer determined many farmers would be in the dark about the small print of the act, Caza's one-hour briefing left many audience members reeling. The lawyer told The AgriNews he had anticipated a turnout of 10-15 registrants; the much larger number indicated 'a lot of concern' on the part of the farming community.
'What we hope is, as a result of the overview, people now have a much better idea of how this legislation will affect their farming operations.'
In questions after the session, farmers indicated worries about policing, the paperwork burden they'll be expected to handle, and costs associated with meeting the new standards... estimated in one study at $20,000-$50,0000 per farmer.
'There won't be much time left to do our work,' one farmer commented after hearing about the administrative requirements.
To help prevent future environmental calamities such as Walkerton, Caza said it was his impression the provincial government intends through the legislation and companion regulations to 'set up controls for every aspect of farming.'
'You're going to need qualifications to go on doing what you've been doing,' the lawyer said of the impact of new standards such as compulsory Nutrient Management Plans on current farming practices. On the other hand, for many competent farmers, complying with new standards will be merely formalizing what they already have in place.
He urged his listeners to get going now with measures to adhere to new requirements, rather than wait until the law is being enforced by the roving band of provincial officers who are going to expect them to account for every aspect of their nutrient management activities.
'In the end, the government will expect a plan showing you're able to deal with all manure produced.'
As a lawyer, Caza said, the Nutrient Management Act was a surprise to read: 'It gives farmers a lot of responsibilities. Usually, a law prevents people from doing things; here, a burden is imposed.'
While there's an appeal process attached to the legislation, a farmer can't continue to do what he's been doing after being charged with a violation. A supervising director will be empowered to eliminate whatever is seen to be causing adverse effects on the environment. On the upside, a compliance order issued by an enforcement officer must be reviewed by a director within seven days of such a request being made, which won't leave a farmer in limbo for too long.
'Here's where the fun starts,' Caza cracked. 'If a farmer is issued a compliance order and the work isn't done, a director can hire someone to do it - say move a manure pile - and bill the farmer. And if he doesn't pay the bill, the law provides for the cost to be added to local property taxes.'
Caza once again had audience members clucking and shaking their heads when he got into penalty provisions. First offences under the legislation can bring fines of up to $5,000 for individuals and $10,000 for corporations... per day. Should illegal operations continue, there's provision for ministerial injunctions through the Superior Court of
Ontario, including possible jail sentences.
At the end of the day, Caza reminded, the law is the law and farmers will have to live with it. The ultimate objective of protecting the environment is a useful one, he said: 'Farmers will have to start thinking if their decisions will have an impact on the environment.'
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BILL 81 WILL SET UP CHARTER CHALLENGES
Ottawa lawyer sees too much power for enforcement officers
EMBRUN - At least one section of the Nutrient Management Act and its regulations now being refined by the provincial government will 'undoubtedly be challenged as a violation of the Charter of Rights and Freedoms'.
That's the professional opinion of an Ottawa lawyer with extensive experience in agricultural issues who reviewed the legislation and passed on his impressions to about 60 farmers gathered in Embrun Aug. 27.
A partner with Nelligan O'Brien Payne, lawyer Ron Caza was referring to the enforcement section of the new act which gives 'too much power' to the team of provincial officers which will be policing compliance with the law and its regulations expected to be finalized by next March.
Caza called it the most 'worrisome' part of the act, adding it creates a 'certain vulnerability' for Ontario's farming community.
'They'll have a lot of power... more than police officers in some situations,' Caza told his disgruntled listeners, explaining that without a warrant or any kind of a court order, the enforcement team will be able to enter and inspect any land or premises, including vehicles.
In addition, nutrient management officers can use reasonable force, can dispose of items seized and can call in reinforcements in the form of police departments.
'That's huge, huge power,' Caza repeated, adding the officers - expected to be employed by MOE - won't have to give a valid reason for suspecting wrong doing under the act before conducting a search.
Arranged after the lawyer determined many farmers would be in the dark about the small print of the act, Caza's one-hour briefing left many audience members reeling. The lawyer told The AgriNews he had anticipated a turnout of 10-15 registrants; the much larger number indicated 'a lot of concern' on the part of the farming community.
'What we hope is, as a result of the overview, people now have a much better idea of how this legislation will affect their farming operations.'
In questions after the session, farmers indicated worries about policing, the paperwork burden they'll be expected to handle, and costs associated with meeting the new standards... estimated in one study at $20,000-$50,0000 per farmer.
'There won't be much time left to do our work,' one farmer commented after hearing about the administrative requirements.
To help prevent future environmental calamities such as Walkerton, Caza said it was his impression the provincial government intends through the legislation and companion regulations to 'set up controls for every aspect of farming.'
'You're going to need qualifications to go on doing what you've been doing,' the lawyer said of the impact of new standards such as compulsory Nutrient Management Plans on current farming practices. On the other hand, for many competent farmers, complying with new standards will be merely formalizing what they already have in place.
He urged his listeners to get going now with measures to adhere to new requirements, rather than wait until the law is being enforced by the roving band of provincial officers who are going to expect them to account for every aspect of their nutrient management activities.
'In the end, the government will expect a plan showing you're able to deal with all manure produced.'
As a lawyer, Caza said, the Nutrient Management Act was a surprise to read: 'It gives farmers a lot of responsibilities. Usually, a law prevents people from doing things; here, a burden is imposed.'
While there's an appeal process attached to the legislation, a farmer can't continue to do what he's been doing after being charged with a violation. A supervising director will be empowered to eliminate whatever is seen to be causing adverse effects on the environment. On the upside, a compliance order issued by an enforcement officer must be reviewed by a director within seven days of such a request being made, which won't leave a farmer in limbo for too long.
'Here's where the fun starts,' Caza cracked. 'If a farmer is issued a compliance order and the work isn't done, a director can hire someone to do it - say move a manure pile - and bill the farmer. And if he doesn't pay the bill, the law provides for the cost to be added to local property taxes.'
Caza once again had audience members clucking and shaking their heads when he got into penalty provisions. First offences under the legislation can bring fines of up to $5,000 for individuals and $10,000 for corporations... per day. Should illegal operations continue, there's provision for ministerial injunctions through the Superior Court of
Ontario, including possible jail sentences.
At the end of the day, Caza reminded, the law is the law and farmers will have to live with it. The ultimate objective of protecting the environment is a useful one, he said: 'Farmers will have to start thinking if their decisions will have an impact on the environment.'
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